CHANDESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioners have prayed for quashing of gradation list of Inspectors of Police (Operation) in the Bihar Police Radio published on 7.7.1988, contained in Annexure 1. Their further prayer is to direct the Respondents to revert such Inspectors of Police (operation) who have been promoted beyond the quota fixed for reservation. A prayer has also been made to command the Respondents to promote the Petitioners after making suitable correction in the gradation list and reversion of the Inspectors or Deputy Superintendent of Police who have been wrongly promoted either on the basis of seniority or on reversion or in excess to the quota earmarked for scheduled caste and tribe candidates.

(2.) At the very outset, it would be appropriate to notice that the gradation list in question was published as back as in the year 1988. The names of the Petitioners were also included in that list. It is not in dispute that on the basis of placement of the candidates in the seniority list, promotion etc. to higher grades were given from time to time. A question thus arises whether with respect to such candidates who having knowledge about publication of the gradation list and their position in that list, failed to approach this Court at that stage, can be allowed to challenge the same after lapse of so many years so as to unsettle position of several other candidates along with their position in the gradation list. It would be appropriate to notice that the Supreme Court as well as this Court by means of several judgments have deprecated such type of practice. Therefore, having regard to facts stated above, I am not able to persuade myself to consider the grievance of the Petitioners with respect to their placements in the gradation list at this stage.

(3.) With respect to other grievances of the Petitioners that the Respondents authorities have given promotion in excess of quota reserved for scheduled castes and tribes, it has been contended that out of total strength of 31 posts of Inspectors in Police Radio Organisation 13 posts have been filled up by the candidates belonging to scheduled castes and scheduled tribes category. It is well known that out of total strength of cadre, 14% of the cadre strength are to be filled up from the candidates belonging to scheduled castes whereas 10% from scheduled tribes. It has been alleged that from a bare reference to the statement made in paragraph 2 of the supplementary affidavit dated 6.4.1994, and paragraph 5 of the reply to the counter affidavit dated 26.2.1994, it would appear that 13 posts have been allotted to the candidates belonging to the scheduled castes and tribes.